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Can an employee legally be fired for using over-the-counter CBD products?

Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed. So, let’s talk about how and why. According to the plaintiff’s complaint, she had a disability for which she used an over-the-counter CBD…

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A federal judge made it really dang hard to prove medical marijuana discrimination

CommunistSquared, CC0, via Wikimedia Commons Greetings from Seattle. Before I begin my day of **checks notes** culture and refinement, I figured I’d blog first about this recent opinion from a federal court in Pennsylvania. It involves an individual — let’s just call him “Plaintiff” — who claimed that his former…

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Imagine testing positive for cocaine at work … and getting to keep your job?!?

Image by PublicDomainPictures from Pixabay A little Thursday lesson on the importance of consistency, precise language, and following your rules. But before I do that, might you be interested in “Everything HR Ever Wanted to Know about Mandating COVID-19 Vaccinations in the Workplace“? If learning more about religious accommodations, booster…

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An employment lawyer’s take on track star Sha’Carri Richardson’s suspension for using marijuana

Image by Please Don’t sell My Artwork AS IS from Pixabay Last week, I read the news that Sha’Carri Richardson, one of the favorites to win Olympic gold for the United States in the women’s 100-meter dash, was suspended for a month for testing positive for marijuana. As a management-side…

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Yet another court reaffirms that the ADA does not require accommodating marijuana use

Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) It’s been a minute since I’ve gotten to blog about the Americans with Disabilities Act and accommodating an individual with a disability and a marijuana card who uses doctor-prescribed marijuana off the clock. Better dust off the cannabis scales of justice for this one. The ADA…

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TRENDING: Cities and states banning pre-hire marijuana testing. Next up: Philadelphia

Image Credit: cannabis chemical test by ProSymbols from the Noun Project As more states and localities legalize or decriminalize the use of recreational marijuana, the next logical step is to preclude employers from testing for marijuana use as a condition of employment. Why? It comes does to dollars and cents.…

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The federal government seems much less uptight now about employees that have used marijuana

elsaolofsson, CC BY 2.0, via Wikimedia Commons and Cannabis News No, today isn’t “Bring Your Bong To Work” Day. That’s tomorrow. But the U.S. Office of Personnel Management (OPM) is finally conceding in this memo that marijuana use may not be a concern when considering the suitability or fitness of…

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Now that recreational marijuana is legal in NJ, can local employers still drug test? Refuse to hire pot smokers??

Image Credit: @NJGov on Twitter Well, it depends. ***ducks rotten tomatoes*** Yesterday, New Jersey Governor Phil Murphy signed three bills into law, “legalizing and regulating cannabis use and possession for adults 21 years and older (A21 – “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act”) and decriminalizing…

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A federal court just greenlit the failure-to-accommodate claim of a medical marijuana user. But why?!?

Image by Tumisu from Pixabay Oh, I was just asking. I thought you knew. Ok, let’s start over.  Since I did read this opinion and, apparently, it’s my job to do the ‘splaining around here. Just don’t accuse me of blog-splaining. Anyway, according to the plaintiff, an employee of a…

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Using marijuana in NJ has nothing to do with politics. But, are local employers ready for legal weed?

Image by Erin Stone from Pixabay In a landslide victory on election day — ok, a touch of politics — New Jersey voters overwhelmingly supported legalizing recreational marijuana. But where and when can you get it? (Asking for a friend). And what does legalized recreational marijuana mean for local employers?…